Santosh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr. Misc. No. 83219 of 2019 ====================================================== Santosh Tiwary, son of Krishnandan Tiwary, resident of village-Milki, P.S.- Paliganj, District-Patna.

... ... Petitioner

Versus

The State of Bihar .. ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Kumari Jyoti, Advocate Mr. Ajay Kumar, Advocate Mr. Manish Kumar, Advocate For the Respondent State:

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-07-2020 An order was passed on 09.07.2020 in Cr. Misc. No. 83219 of 2019, whereby the petitioner was granted anticipatory bail. It transpires, however, that out of clerical error, case number was wrongly entered as 'Cr. Misc. No. 82219 of 2019', in place of 'Cr. Misc. No. 83219 of 2019'. This has resulted into generation of order-sheet of the said date with incorrect party name too. It is accordingly directed that the said order passed on 09.07.2020 shall be treated to have been passed in 'Cr. Misc. No. 83219 of 2019' instead of 'Cr. Misc. No. 82219 of 2019'. Let the said order be withdrawn from the Court's website by the Registry with the help of N.I.C. and a fresh order be generated and uploaded, passed on 09.07.2020 in Cr. Misc. No. 83219 of 2019, accordingly.

Because of the ongoing pandemic situation and surge in COVID-19 cases, it may be inconvenient or difficult for the Registry to implement the present order. It is, therefore, observed, in exceptional circumstance, that the petitioner shall not be taken into custody and no coercive steps shall be taken against him in the meanwhile in connection with Bikram P.S. Case No. 304 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T